The American Council on Education yesterday sent a letter co-signed by 68 higher education organizations to the Department of Education, calling on the agency to rescind its recent “Dear Colleague” letter that was meant to clarify its position on diversity, equity, and inclusion practices and programs in higher education. Marquette leaders have been monitoring the situation since the “Dear Colleague” letter was issued on Feb. 14.
ACE and its cosignatories, including the Association of Jesuit Colleges and Universities, the Association of Catholic Colleges and Universities, and the National Association of Independent Colleges and Universities, explained how the “Dear Colleague” letter “has only led to confusion on campuses about their compliance responsibilities.” This confusion arises from the fact that “efforts to build inclusive and diverse campus communities are neither discriminatory nor illegal.” Indeed, U.S. Supreme Court Chief Justice John Roberts explicitly noted in the admissions practices case referenced above that diversity-related goals in higher education are both “commendable” and “plainly worthy.”
The Office of Civil Rights’ threats of enforcement actions to begin by Feb. 28 — with no guidance on how the OCR views the values noted above, or how the OCR understands all affected institutions’ First Amendment speech and free exercise of religion protections, along with their Fifth Amendment due process protections — puts our nation’s colleges and universities in an impossible position.
Accordingly, the higher education leaders asked Acting Assistant Secretary for Civil Rights Craig Trainor to provide their institutions with the clarity that law and basic fairness requires. Until that clarity occurs, the higher education leaders stated, Trainor should rescind the “Dear Colleague” letter.
As a Catholic, Jesuit institution, Marquette University — a member of the AJCU, ACCU and WAICU — remains steadfast in its commitment to serve all as a welcoming learning community that is open to people from a wide variety of backgrounds and perspectives. This commitment means working with students, faculty and staff to navigate these changes and ensuring all in our community know they are valued and supported. With heightened concerns about immigration, identity, processes and culture, Marquette University reminds students, faculty and staff about existing policies and resources in place to support those in our community who are feeling especially stressed and anxious.
Members of the Marquette community should continue to follow the university’s campus resources and guidance related to federal actions, which will be updated as necessary.
Watch Marquette Today for updates.
